Slip and Fall
Slip and fall claims look simple but are often the hardest to prove. The question isn't just 'did I fall' — it's whether the property owner had a duty, knew about the hazard, and failed to fix it in a reasonable time.
The basic question: notice
A property owner isn't automatically responsible every time someone falls on their property. In most states, the injured person has to show that the owner knew about the hazard, or should have known about it, and had a reasonable opportunity to fix or warn about it. That's called 'notice,' and it's usually the single hardest element of a slip-and-fall claim.
Visitor categories
Many states classify visitors into categories, and the property owner owes a different level of care to each:
- Invitees — customers in a store, for example — are owed the highest duty of care
- Licensees — social guests — are owed a middle level of care
- Trespassers — generally owed only a duty not to be harmed intentionally, with limited exceptions
Evidence that usually matters
Because notice is the central issue, evidence focuses on proving the hazard existed long enough that the owner should have caught it. That usually means photos of the hazard taken immediately, witness statements, surveillance footage (which is often overwritten quickly), incident reports, and cleaning or inspection logs. Getting these preserved early is often the difference between a provable claim and a stalled one.
Common factual disputes
Insurers commonly argue the hazard was 'open and obvious' (meaning the visitor should have seen and avoided it), that the hazard had just appeared and there wasn't enough time to fix it, or that the visitor's own inattention caused the fall. Comparative-fault rules then reduce or eliminate the claim based on the visitor's share of fault.
Key Takeaways
- 01The central question is usually notice — did the owner know or should have known about the hazard.
- 02Visitor category (invitee, licensee, trespasser) affects how much care the owner owed.
- 03Photos, video, and incident reports collected early are the most persuasive evidence.
- 04'Open and obvious' and comparative-fault defenses are common in slip-and-fall cases.
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.